What happens if you dont answer a subpoena

Additionally, the obligation to respond to the subpoena does not simply go away, and you could face other enforcement measures as well. If you have been served with a federal subpoena, we encourage you to speak with one of our senior federal defense attorneys promptly. For a complimentary and confidential case assessment, call or tell us how we can reach you online now.

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He is polite, respectful— and extremely compelling. His legal strategy turned out to be brilliant. Skip to content We will protect your rights, reputation and freedom. Nationwide Federal Defense, Compliance and Litigation. Amanda S. Marshall Former U. Attorney Local Counsel. Lynette Byrd Former Assistant U. Joe Brown Former U. Quick Practice Area Locator. Extremely urgent Somewhat urgent Not urgent.

Put our highly experienced team on your side Dr. Nick Oberheiden Founder Attorney-at-Law. John W. Department of Justice Local Counsel. Amanda Marshall Former U. You risk facing punishment for ignoring the summons. You might be in contempt of court, which is punishable by jail time, a fine, or both.

At the very least, you need to accept the subpoena and formally challenge its terms by informing the court about your reservations. There are several ways in which a subpoena can be served. It is usually done by an officer of the court or by a certified process server. This can be done through certified mail, email, or by hand. The main difference between a Subpoena Duces Tecum and a deposition subpoena is that the evidence produced in the latter form part of the trial discovery process.

This evidence may not be used during the actual court proceedings. Whether or not they are party to the court proceedings, every individual or entity must preserve evidence that may be relevant to a dispute. This is a well-documented common law principle.

Spoliated evidence can include documents, physical objects, photographs, or electronically stored information contained in servers, phones, or even internal and external drives. The drug company vehemently denies these allegations stating that they have not received any complaints from other patients using the same medication. You later receive a subpoena to produce the specific drug you were on.

Unfortunately, however, the bottle containing the medication gets lost in transit. The second, called subpoena duces tecum pronounced "doo-seez tee-kum" , requires you to produce documents, materials, or other tangible evidence. In most cases, an attorney usually requests a subpoena, and somebody like a justice of the peace, a clerk — even a notary public — signs off on it. Then, it's usually served, in person, to the one being subpoenaed. In the case of a Congressional subpoena, it's issued by a committee, often performing a duty known as Congressional oversight to probe possible wrongdoing in the government.

Congress famously issued subpoenas to get to the bottom of the Teapot Dome scandal in the s and during Watergate in the s. More recently, the Republican-backed Benghazi report in is a prime example of the use of subpoenas to investigate, as are the Democrat-fueled inquiries into the administration of Donald Trump, his finances and any possible connections to Russian interference in the presidential election.

Congress, if you hadn't noticed, is a political body that often acts like it. Interacting with it often means dodging a lot of political potholes. Among the most publicized of those who have defied a Congressional subpoena in recent years are former attorney general Eric Holder in , see Now That's Interesting, below and former White House counsel Harriet Miers in Trump ordered McGahn to ignore the subpoena, citing a " testimonial immunity " for senior advisers to the president.

Trump famously called the Mueller inquiry a "witch hunt" and blamed "angry Democrats. Later in the year, on Sept. Pompeo was subpoenaed for failing to produce documents on Ukraine.

For those faced with a subpoena of the non-Congressional variety, going to court — perhaps facing people you don't want to see a soon-to-be-ex in a divorce case, a driver who plowed into you, your former boss — is hardly enticing. Sometimes, ignoring a subpoena and taking your legal lumps seems like the safer bet.

The courts, and Congress, have ways of enforcing subpoenas. They're not always effective. They often take time. But they have their ways. If you ignore or defy a subpoena, the court that demanded your presence can find you in contempt.